Burden of proof: it means that the parties in civil litigation have the obligation to prove the facts that must be confirmed in their claims. According to the civil litigation system of modern countries, the burden of proof is shared by both parties according to the object of proof, and the principle of "whoever claims, gives evidence" applies. According to the viewpoint of substantive law, the burden of proof is closely related to the applicable elements of civil liability; Only the constituent elements of specific civil liability belong to the content of the object of proof.

According to Article 34 of the Administrative Procedure Law: "The defendant bears the burden of proof for the specific administrative act and shall provide the evidence and normative documents on which the specific administrative act is based." If the defendant fails to provide evidence or fails to provide evidence within the time limit without justifiable reasons, it shall be deemed that there is no corresponding evidence. However, if the sued administrative act involves the legitimate rights and interests of a third party, unless the third party provides evidence. This is the provision of the administrative procedure law on the scope of the defendant's burden of proof.

Extended data:

Evidence in administrative litigation includes: documentary evidence; Physical evidence; Audio-visual materials; Electronic data; Witness testimony; Statements of the parties; Appraisal opinions; Records of inspection and on-site records.

The above evidence can only be used as the basis for determining the facts of the case if it is verified by the court.

Article 34 The defendant bears the burden of proof for an administrative act and shall provide evidence of the administrative act and the normative documents on which it is based. If the defendant fails to provide evidence or fails to provide evidence within the time limit without justifiable reasons, it shall be deemed that there is no corresponding evidence. However, if the sued administrative act involves the legitimate rights and interests of a third party, unless the third party provides evidence.

Article 35 In the course of litigation, the defendant and his agent ad litem shall not collect evidence from the plaintiff, the third party or the witness on their own.

Article 36 If the defendant has collected evidence when he makes an administrative act, but cannot provide it due to force majeure and other legitimate reasons, he may postpone the provision with the permission of the people's court. If the plaintiff or a third party puts forward reasons or evidence that he did not put forward in the administrative handling procedure, the defendant may supplement the evidence with the permission of the people's court.

Baidu Encyclopedia-Burden of Proof

Baidu encyclopedia-administrative procedure law